Free Bench Trial - Held - District Court of Colorado - Colorado

Case 1:03-cr-00232-RPM

Document 1052

Filed 11/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 6, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Criminal Action No. 03-cr-00232-RPM UNITED STATES OF AMERICA, Plaintiff, v. 1. EDWARD P. MATTAR, III, 2. THOMAS ALAN BOYD, 3. JACK O. GRACE, JR., Peter Bornstein Virginia Grady Daniel Smith Daniel Sears Michael Carey John Haried

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial Day Twenty-Eight 9:00 a.m. Court in session.

(Defendants Mattar, Grace and Boyd present). 9:00 a.m. Continued (from 10/16/06) cross examination of Mr. Wolfschlag by Ms. Grady

Defendants'Exhibit A-219 pgs. 104 - 106 identified, offered and received. Defendants'Exhibit Y-123 identified, offered and received. Reference to Defendants' Exhibits A-163, A-165, A-167, A-169 and A-8, Government' Exhibit 76 pgs. 6 - 11 identified offered and received. s Reference to Government' Exhibit 465. s 9:39 a.m. Redirect examination of Mr. Wolfschlag by Mr. Haried.

Reference to Government' Exhibits 1529, 465, 76, 1077, 1075, 272, 1528, 315 and 929. s Reference to Defendants' Exhibits A-8, A-219, A-167 and A-3. Government' Exhibit 1472 pgs. 35 - 37 identified and referenced. s 10:15 a.m. 10:17 a.m. Recross examination of Mr. Wolfschlag by Mr. Sears. Recross examination of Mr. Wolfschlag by Ms. Grady.

Case 1:03-cr-00232-RPM

Document 1052

Filed 11/06/2006

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November 6, 2006 03-cr-00232-RPM 10:19 a.m. 10:20 a.m. 10:35 a.m. 10:36 a.m. Recross examination of Mr. Wolfschlag by Mr. Bornstein. Court in recess. Court in session. Government' witness, Michael Keyes, sworn. s

Direct examination of Mr. Keyes by Mr. Haried. Reference to Government' Exhibit 471. s Government' Exhibit 530 identified and offered. s 10:43 a.m. to 10:45 a.m. Mr. Smith voir dires Mr. Keyes regarding Government' Exhibit s 530. Objections, sustained.

Government' Exhibits 531 and 458 identified, offered and received. s 10:52 a.m. 11:04 a.m. Cross examination of Mr. Keyes by Mr. Smith Cross examination fo Mr. Keyes by Mr. Bornstein.

Defendants' Exhibit K-31 identified and referenced. 11:14 p.m. Government' witness, Dana Chamberlin, sworn. s

Direct examination of Ms. Chamberlin by Mr. Carey. Government' Exhibit 556 identified, offered and received as demonstrative. s Government' Exhibit 602 identified and offered. s 11:24 a.m. to 11:25 a.m. 11:25 a.m. to 11:26a.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 602. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 602.

Government' Exhibit 602 received. s Government' Exhibit 1075, pgs, 5-6 and 11-19 identified, offered and received. s Government' Exhibit 1076 pgs. 4-7 and 11-17 identified and offered. s 11:45 a.m. to 11:47 a.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 1076.

Government' Exhibit 1076 pgs. 4-7 and 11-17 received. s

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Case 1:03-cr-00232-RPM

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November 6, 2006 03-cr-00232-RPM ORDERED: Redact financial privacy information of all entities/parties not related to this criminal action on exhibits.

Government' Exhibit 1077 pgs. 4-6 and 10-18 identified, offered and received. s Government' Exhibits 1078 -1084 identified, offered and received (remainder as source s documents). 11:57 a.m. 1:14 p.m. 1:15 p.m. Court in recess. Court in session. Continued direct examination of Ms. Chamberlin by Mr. Carey.

Reference to Government' Exhibit 602. s Government' Exhibits 667, 666, 686 and 685 identified, offered and received. s Government' Exhibit 687 identified and referenced. s Government' Exhibits 1302, 1304, 1307 and 1308 identified and referenced. s Government' Exhibit 1302 pg. 6 identified and offered. s 1:38 p.m. to 1:39 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 1302.

Government' Exhibit 1302 pg. 6 received. s Government' Exhibit 1304 pg. 6 identified, offered and received. s Reference to Government' Exhibit 1076. s Government' Exhibit 1539 pgs.1-2 identified, offered and received. s Government' Exhibit 1311 identified, offered s 1:48 p.m. to 1:49 p.m. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 1311.

Government' Exhibit 1311 received. s Government' Exhibit 776 identified and offered. s 1:51 p.m. to 1:52 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 776. Objection

Government' Exhibit 776 received. s Government' Exhibit 777 identified, offered, objection and received. s Government' Exhibit 719 identified, offered, objection and received. s Reference to Government' Exhibit 389. s Government' Exhibits 720 and 721 identified, offered, objection and received. s Government' Exhibit 565 identified and referenced to Government' Exhibits 150 and 162, s s offered, objection and received.

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Case 1:03-cr-00232-RPM

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November 6, 2006 03-cr-00232-RPM Government' Exhibit 554 identified and referenced to Government' Exhibits 153 and 206. s s Government' Exhibit 731 identified, offered, objection and received. s Reference to Government' Exhibits 556,1337 -1349 and 995. s Government' Exhibit 1337 identified and offered. s 2:22 p.m. to 2:24 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 1337.

Government' Exhibit 1337 received. s Reference to Government' Exhibit 1382. s Government' Exhibit 1338 identified. s 2:48 p.m. 3:11 p.m. 3:12 p.m. Court in recess. Court in session. Continued direct examination of Ms. Chamberlin by Mr. Carey.

Government' Exhibit 1343 identified. and offered s 3:14 p.m. to 3:15 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 1343.

Government' Exhibit 1343 received. s Government' Exhibits 1338 -1342, 1344-1349 and 995 offered and received. s Government' Exhibit 1383 pgs. 2-3 identified, offered and received. s Government' Exhibit 998 identified and offered. s 3:33 p.m. to 3:34 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 998.

Government' Exhibit 998 received. s Reference to Defendants' Exhibit G-70. Reference to Government' Exhibit 556. s Government' Exhibit 270 identified, offered and received. s Government' Exhibit 1327 identified and offered. s 3:44 p.m. to 3:46 p.m. Ms. Grady voir dires Ms. Chamberlin regarding Government' s Exhibit 1327.

Government' Exhibit 1327 received. s Government' Exhibit 752 identified, offered and received. s Reference to Government' Exhibit 476. s Government' Exhibit 753 identified, offered received. s

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Case 1:03-cr-00232-RPM

Document 1052

Filed 11/06/2006

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November 6, 2006 03-cr-00232-RPM Government' Exhibits 1476, 758, 762, 757 and 610 identified, offered and received. s Government' Exhibits 611, 612, 613, 614 and 615 identified. s Government' Exhibit 611 offered. s 4:22 p.m. to 4:23 p.m. Mr. Sears voir dires Ms. Chamberlin regarding Government' s Exhibit 611.

Government' Exhibit 611 received (illustrative). s 4:26 p.m. Court in recess. 6 hrs. 9 min.

Trial continued. Total time in court:

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